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Subrogation is an idea that's well-known in legal and insurance circles but rarely by the people who employ them. If this term has come up when dealing with your insurance agent or a legal proceeding, it is to your advantage to know the nuances of the process. The more knowledgeable you are about it, the better decisions you can make about your insurance company.

An insurance policy you own is a promise that, if something bad occurs, the company that covers the policy will make good without unreasonable delay. If a fire damages your house, your property insurance steps in to compensate you or pay for the repairs, subject to state property damage laws.

But since determining who is financially responsible for services or repairs is typically a confusing affair – and time spent waiting often increases the damage to the victim – insurance firms usually opt to pay up front and figure out the blame later. They then need a path to regain the costs if, once the situation is fully assessed, they weren't responsible for the payout.

Let's Look at an Example

You rush into the hospital with a deeply cut finger. You give the nurse your health insurance card and he writes down your coverage information. You get stitches and your insurer is billed for the services. But on the following afternoon, when you arrive at work – where the injury occurred – your boss hands you workers compensation forms to turn in. Your workers comp policy is in fact responsible for the invoice, not your health insurance. It has a vested interest in getting that money back in some way.

How Subrogation Works

This is where subrogation comes in. It is the way that an insurance company uses to claim payment when it pays out a claim that turned out not to be its responsibility. Some insurance firms have in-house property damage lawyers and personal injury attorneys, or a department dedicated to subrogation; others contract with a law firm. Usually, only you can sue for damages to your self or property. But under subrogation law, your insurer is considered to have some of your rights in exchange for making good on the damages. It can go after the money originally due to you, because it has covered the amount already.

How Does This Affect the Insured?

For starters, if you have a deductible, your insurer wasn't the only one that had to pay. In a $10,000 accident with a $1,000 deductible, you have a stake in the outcome as well – to the tune of $1,000. If your insurer is unconcerned with pursuing subrogation even when it is entitled, it might opt to get back its losses by increasing your premiums. On the other hand, if it knows which cases it is owed and pursues those cases enthusiastically, it is acting both in its own interests and in yours. If all is recovered, you will get your full deductible back. If it recovers half (for instance, in a case where you are found 50 percent accountable), you'll typically get $500 back, depending on the laws in your state.

In addition, if the total price of an accident is over your maximum coverage amount, you may have had to pay the difference, which can be extremely costly. If your insurance company or its property damage lawyers, such as workers compensation Whitewater, WI, successfully press a subrogation case, it will recover your losses in addition to its own.

All insurers are not created equal. When shopping around, it's worth weighing the records of competing firms to determine whether they pursue winnable subrogation claims; if they resolve those claims in a reasonable amount of time; if they keep their clients posted as the case goes on; and if they then process successfully won reimbursements right away so that you can get your money back and move on with your life. If, instead, an insurer has a record of paying out claims that aren't its responsibility and then covering its income by raising your premiums, you'll feel the sting later.

Subrogation is an idea that's understood among legal and insurance companies but sometimes not by the people they represent. If this term has come up when dealing with your insurance agent or a legal proceeding, it is in your self-interest to know the steps of the process. The more information you have, the more likely it is that an insurance lawsuit will work out favorably.

An insurance policy you own is an assurance that, if something bad occurs, the business on the other end of the policy will make good in one way or another without unreasonable delay. If your property is robbed, your property insurance agrees to compensate you or facilitate the repairs, subject to state property damage laws.

But since figuring out who is financially responsible for services or repairs is often a heavily involved affair – and delay often adds to the damage to the policyholder – insurance firms usually decide to pay up front and assign blame later. They then need a mechanism to get back the costs if, when all the facts are laid out, they weren't actually in charge of the expense.

For Example

Your kitchen catches fire and causes $10,000 in home damages. Fortunately, you have property insurance and it takes care of the repair expenses. However, the assessor assigned to your case finds out that an electrician had installed some faulty wiring, and there is a reasonable possibility that a judge would find him accountable for the loss. The home has already been fixed up in the name of expediency, but your insurance agency is out $10,000. What does the agency do next?

How Subrogation Works

This is where subrogation comes in. It is the process that an insurance company uses to claim reimbursement when it pays out a claim that turned out not to be its responsibility. Some insurance firms have in-house property damage lawyers and personal injury attorneys, or a department dedicated to subrogation; others contract with a law firm. Ordinarily, only you can sue for damages to your person or property. But under subrogation law, your insurer is considered to have some of your rights in exchange for making good on the damages. It can go after the money that was originally due to you, because it has covered the amount already.

How Does This Affect Individuals?

For starters, if your insurance policy stipulated a deductible, your insurer wasn't the only one who had to pay. In a $10,000 accident with a $1,000 deductible, you lost some money too – to be precise, $1,000. If your insurance company is lax about bringing subrogation cases to court, it might choose to recoup its losses by raising your premiums. On the other hand, if it knows which cases it is owed and pursues them aggressively, it is doing you a favor as well as itself. If all is recovered, you will get your full thousand-dollar deductible back. If it recovers half (for instance, in a case where you are found 50 percent to blame), you'll typically get $500 back, based on the laws in most states.

Additionally, if the total expense of an accident is over your maximum coverage amount, you could be in for a stiff bill. If your insurance company or its property damage lawyers, such as immigration defense attorney Herriman UT, pursue subrogation and succeeds, it will recover your losses in addition to its own.

All insurance companies are not created equal. When shopping around, it's worth comparing the records of competing firms to determine if they pursue legitimate subrogation claims; if they do so fast; if they keep their customers advised as the case goes on; and if they then process successfully won reimbursements immediately so that you can get your deductible back and move on with your life. If, on the other hand, an insurer has a record of honoring claims that aren't its responsibility and then protecting its profitability by raising your premiums, even attractive rates won't outweigh the eventual headache.

Subrogation is an idea that's understood in legal and insurance circles but rarely by the policyholders who employ them. Even if it sounds complicated, it is to your advantage to comprehend an overview of how it works. The more information you have about it, the more likely an insurance lawsuit will work out favorably.

An insurance policy you have is a promise that, if something bad happens to you, the company on the other end of the policy will make restitutions without unreasonable delay. If your home is robbed, your property insurance agrees to remunerate you or enable the repairs, subject to state property damage laws.

But since ascertaining who is financially accountable for services or repairs is sometimes a tedious, lengthy affair – and delay sometimes increases the damage to the policyholder – insurance firms often decide to pay up front and figure out the blame afterward. They then need a means to regain the costs if, in the end, they weren't actually responsible for the payout.

Let's Look at an Example

Your stove catches fire and causes $10,000 in house damages. Happily, you have property insurance and it takes care of the repair expenses. However, the insurance investigator discovers that an electrician had installed some faulty wiring, and there is reason to believe that a judge would find him to blame for the loss. The house has already been fixed up in the name of expediency, but your insurance agency is out all that money. What does the agency do next?

How Subrogation Works

This is where subrogation comes in. It is the method that an insurance company uses to claim payment after it has paid for something that should have been paid by some other entity. Some companies have in-house property damage lawyers and personal injury attorneys, or a department dedicated to subrogation; others contract with a law firm. Usually, only you can sue for damages done to your person or property. But under subrogation law, your insurance company is given some of your rights for making good on the damages. It can go after the money that was originally due to you, because it has covered the amount already.

Why Do I Need to Know This?

For one thing, if you have a deductible, it wasn't just your insurance company who had to pay. In a $10,000 accident with a $1,000 deductible, you have a stake in the outcome as well – to be precise, $1,000. If your insurer is unconcerned with pursuing subrogation even when it is entitled, it might choose to get back its costs by increasing your premiums and call it a day. On the other hand, if it has a knowledgeable legal team and goes after those cases enthusiastically, it is acting both in its own interests and in yours. If all ten grand is recovered, you will get your full $1,000 deductible back. If it recovers half (for instance, in a case where you are found one-half at fault), you'll typically get $500 back, based on the laws in most states.

Additionally, if the total cost of an accident is more than your maximum coverage amount, you may have had to pay the difference. If your insurance company or its property damage lawyers, such as car accident attorney Puyallup WA, pursue subrogation and wins, it will recover your losses in addition to its own.

All insurance companies are not the same. When comparing, it's worth looking up the records of competing firms to determine if they pursue winnable subrogation claims; if they resolve those claims fast; if they keep their policyholders apprised as the case continues; and if they then process successfully won reimbursements quickly so that you can get your money back and move on with your life. If, on the other hand, an insurance firm has a record of honoring claims that aren't its responsibility and then covering its bottom line by raising your premiums, even attractive rates won't outweigh the eventual headache.